Crandall v. Blen
California Supreme Court
Appeal from the Eleventh District. Bill in equity to compel defendant to deliver to plaintiff a certain contract or agreement between defendant and the Bear River and Auburn Water and Mining Company, set forth in the opinion of the Court. Complaint alleged plaintiff to be the owner of said agreement by virtue of the Sheriff’s sale and return, also named in the opinion; that he had demanded of defendant the delivery to him, plaintiff, of the same, which demand was refused.
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Appeal from the Eleventh District. Bill in equity to compel defendant to deliver to plaintiff a certain contract or agreement between defendant and the Bear River and Auburn Water and Mining Company, set forth in the opinion of the Court. Complaint alleged plaintiff to be the owner of said agreement by virtue of the Sheriff’s sale and return, also named in the opinion; that he had demanded of defendant the delivery to him, plaintiff, of the same, which demand was refused. Plaintiff further averred, that defendant had, previous to said sale, brought suit on said agreement in said Court against…
1Opinion of the CourtBaldwin, J.
Field, J. concurring.
The main question in this case is, can a chose in action, like that in evidence, be sold by the Sheriff under execution, by *20virtue of a general levy, so that the title of it passes to the vendee. Plaintiff had judgment and execution against Bien for some seven hundred and fifty dollars, and issued execution thereon, which the Sheriff returns, levied as follows :
“I hereby certify that I received this annexed execution March 23d, 1858, and by virtue of its commands, I, on said day, levied upon all right, title, interest, and claim, of Joshua Bien, of, in, and to, a certain…
2Cases cited1 opinion
- Adams v. HackettCalifornia Supreme Court · 1857
3Cited by8 opinions
- McBride v. FallonCalifornia Supreme Court · 1884
- Everts v. Will S. Fawcett Co.California Court of Appeal · 1937
- Davis v. MitchellCalifornia Supreme Court · 1867
- Baar v. SmithCalifornia Court of Appeal · 1929
- Clarke v. Lyon CountyNevada Supreme Court · 1871
3 more not listed; retrieve them via the Exa API.